What is a De Facto Relationship

What is a De Facto Relationship?

A de facto relationship exists when you and your partner live together as a couple on a genuine domestic basis. This relationship is not classified as de facto if you are legally married or related by family.

De Facto Relationship for Partner Visa Australia

De Facto Partner:
A person is considered a de facto partner (regardless of gender) if they are in a de facto relationship with another person.

De Facto Relationship Criteria:
A de facto relationship exists when a couple is not married but shares a mutual commitment to a life together, excluding all others. The relationship must be genuine, continuing, and the couple must live together or not be permanently separated. The partners cannot be related by family.

Family Relation Definition:
Two people are considered related by family if:

  • One is the child (including adopted child) or descendant of the other, or
  • They share a parent (including adoptive).

Minimum Age Requirement:
To claim a de facto relationship for visa purposes, both partners must be at least 18 years old.

Minimum Length of Relationship Requirement:
The couple must generally have been in a de facto relationship for at least 12 months. However, this requirement may be waived in compelling and compassionate circumstances.

Assessing a De Facto Relationship:
Authorities assess the de facto relationship based on the following factors:

  • Financial aspects: Joint ownership of assets, liabilities, pooling of financial resources, and sharing household expenses.
  • Household nature: Joint responsibility for children, living arrangements, and shared housework.
  • Social aspects: How the couple presents their relationship to others, opinions from friends and family, and joint social activities.
  • Commitment level: Relationship duration, cohabitation length, emotional support, and plans for the future.

Compelling and Compassionate Circumstances:
The 12-month minimum relationship period can be waived if compelling and compassionate circumstances exist. Examples include having a dependent child or living in a country where de facto relationships are illegal. In such cases, couples may be unable to register their relationship.

Not Meeting the 12-Month Requirement:
The 12-month rule does not apply if the relationship is registered under a State/Territory law. Even if registration occurs after the visa application but before a decision, the requirement is considered met.

De Facto Relationship by State/Territory:

  • Victoria (VIC): Under the Relationships Act 2008, you can register a domestic relationship if both partners are at least 18, not married or in another registered relationship, and at least one resides in Victoria.
  • Tasmania (TAS): The Relationships Act 2003 allows for the registration of significant relationships for couples living in Tasmania who are not related or married.
  • New South Wales (NSW): The Relationships Register Act 2010 allows couples to register their relationship if one partner resides in NSW. Couples do not need to live together to register.
  • Queensland (QLD): The Civil Partnerships Act 2011 outlines eligibility for registering a civil partnership, including proof of identity and residency.
  • South Australia (SA): The Relationships Register Act 2016 allows registration of relationships for couples where one partner lives in South Australia.
  • Australian Capital Territory (ACT): Under the Domestic Relationships Act 1994, relationships are registered for couples where one partner lives in the ACT.

‍

Disclaimer: ‘Aussie Migration Services Pty Ltd’ and its associates are independent consulting entities which are not associated in anyway with the Australian ‘Department of Home Affairs’ (DOHA). Information on this website does not constitute personal migration advice. For a customized migration advice based on your personal circumstances, please call and talk to one of our Immigration Consultants or register your interest with our Associates.